M.H. and Department of Veterans Affairs, Lexington, KY (Board decision, April 12, 2023)

ECAB final decision. The Board granted the request to dismiss the appeal in 23-0166. It issued no decision on the underlying OWCP claim. A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

The appellant appealed an OWCP decision dated October 31, 2022. A request to dismiss the Board appeal was received on January 30, 2023, and the Board granted it. The order ends this appeal without ruling on whether OWCP’s decision about the compensation claim was correct.

Decision snapshot

• Authority: 20 C.F.R. § 501.6(d).
• Outcome: Appeal dismissed at appellant’s request.
• Key point: The dismissal followed a request to end the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.H., Appellant
)
)
and ) Docket No. 23-0166
) Issued: April 12, 2023
DEPARTMENT OF VETERANS AFFAIRS,
)
Lexington, KY, Employer
)
_________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On November 15, 2022 appellant, through counsel, filed a timely appeal from an October 31, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0166.

In a letter dated and received January 30, 2023, counsel requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that counsel’s request for the dismissal of the appeal should be granted.2 Accordingly,

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance.
20 C.F.R. § 501.6(d).
 IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 23-0166 is dismissed.

Issued: April 12, 2023
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

2